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What can I do about an unhandled claims through Walmart?

Saint Cloud, MN |

I had purchased several gallons o paint from Walmart over a month ago. When I got home to take the paint out o the back of my truck, I realized that an entire gallon had spilled out and covered the back end of my truck. I took a look at the gallon of paint and realized it hadn't been sealed shut. I put a claims report into Walmart because the entire back end of my recently purchased truck was completely ruined. I have still heard nothing back and have left several message at Walmart's headquarters. Where can I go from here?

Attorney Answers 8


  1. You resolve the matter with Walmart or file a small claims court (Conciliation COurt) action designed for claims under $7500.

    CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com


  2. You'll have to force Wal-Mart's hand by filing suit.


  3. Hello. I urge you to seek private attorney counsel at this time. Likely, there are a few options for the next path of action. You ought not delay, because you may lose certain rights for recourse by delay. Some attorneys, myself included, may help you in a limited manner so as to conserve and reduce your legal expense. Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for financial hardship. Some attorneys, myself included, may also assist you in limited scope manner to conserve legal costs. All the best.

    Tricia Dwyer, Esq., Civil Law, Personal Injury Law, Conciliation Court, Rule 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net


  4. If the damages are under the jurisdictional limits of small claims court file a claim in small claims court - be sure to fully document the dames with itemized estimates of repairs & photographs etc. Also sales slip to show purchase. They might argue that you should have put the paint in a box etc so as not to allow it to spill etc. You might want to first consult a local property damage attorney & let them handle the matter - I am sure you will have a much better chance of winning with professional legal representation instead of by yourself in small claims court.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  5. You can ask a lawyer to write a claim letter for you and then decide if it is worth proceeding after Walmart responds.


  6. You will probably want to take this to small claims court.


  7. the one way to get an immediate reply is to bring a small claims (conciliation court) claim. I assume the damage is less than $7,500 (I haven't checked the conciliation court claim limit for awhile, but it is in that neighborhood). if so, then sue Walmart that way. they will have to reply by then.

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